Garrett v Foster’s Wine Estates Limited [2007] FCA 253

Garrett v Foster’s Wine Estates Limited [2007] FCA 253

The originating process was set aside because Mr Garrett, in his own right or in any asserted representative capacity, lacked standing to seek the relief claimed. He was a bankrupt as to personal causes of action, he was not a party or surrogate of a party to the agreements he sought to set aside, The Wine Company was deregistered, and the related payment, damages and preservation orders were incompetent.

Jurisdiction
Australia
Judgment Date
02 March 2007
Procedural Posture
Practice and Procedure Motion to Set Aside Originating Process; Alternatively Summary Judgment, Dismissal or Stay / Motion Before Finn J
Outcome
Originating process set aside; applicant personally ordered to pay the first and fourth respondents' costs of the motion.
Legal Topics
['setting Aside Originating Process' 'standing' 'representative Capacity' "vesting of Bankrupt's Causes of Action" 'deregistered Company' 'summary Judgment']
['practice and Procedure' 'bankruptcy' 'corporations' 'trusts'] ['setting Aside Originating Process' 'standing' 'representative Capacity' "vesting of Bankrupt's Causes of Action" 'deregistered Company' 'summary Judgment']

Case Brief

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Procedural Posture

Practice and Procedure Motion to Set Aside Originating Process; Alternatively Summary Judgment, Dismissal or Stay / Motion Before Finn J

Legal Issues

  1. 1 ['Whether the originating process should be set aside under O 9 r 7(1)(a) of the Federal Court Rules.' 'Whether Mr Garrett had standing, in any of the capacities asserted, to seek the relief claimed against the respondents.' 'Whether claims asserted by a bankrupt, trustee, alleged director/shareholder, assignee, or attorney were competent in the circumstances.' 'Whether the proceedings should alternatively be disposed of by summary judgment, dismissal or stay.']

Ratio Decidendi

The originating process was set aside because Mr Garrett, in his own right or in any asserted representative capacity, lacked standing to seek the relief claimed. He was a bankrupt as to personal causes of action, he was not a party or surrogate of a party to the agreements he sought to set aside, The Wine Company was deregistered, and the related payment, damages and preservation orders were incompetent.

Court Disposition

Originating process set aside; applicant personally ordered to pay the first and fourth respondents' costs of the motion.

Orders

  • ['The originating process in this matter be set aside.' "The applicant personally pay the first and fourth respondents' costs of the motion."]